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(영문) 서울중앙지방법원 2016.05.09 2016가단5013560
소유권말소등기
Text

1. The defendant, on September 9, 1998, shall be the Suwon District Court's registration office with respect to the land size of 506 square meters in the wife population B, which is permitted to the plaintiff.

Reasons

1. Basic facts

A. On December 20, 1911, the land investigation division of Permitted-gun C, which is the previous land of the land located in the land B, the wife population B, the cemetery 506 square meters (hereinafter “instant real estate”), is indicated as being investigated by D on December 20, 191.

B. On November 29, 1935, the above D, as the plaintiff's father, succeeded to the real estate of this case by Eul, the South-North of D, who died on November 29, 1935, and the plaintiff, the South-North of D, died on July 8, 1945, was solely inherited the real estate of this case.

C. Meanwhile, as to the instant real estate, the Suwon District Court's Suwon District Court's registration office was received on September 9, 1998, No. 59971, and registration of ownership preservation was made in the name of the Defendant.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 4, and 8, purport of the whole pleadings]

2. Determination:

A. According to the above facts, according to the judgment on the cause of the claim, the previous land of the instant real estate is presumed to have been originally acquired by the Plaintiff, as it was owned by D, the Plaintiff’s prior owner, and thereafter, it shall be presumed to have been inherited in sequence to the Plaintiff. Thus, the presumption of the above registration of preservation of ownership in the Defendant’s name on the instant real estate was destroyed.

Therefore, the Defendant is obligated to perform the procedure for registration of cancellation of the above registration of preservation of ownership on the instant real estate to the Plaintiff.

B. As to the judgment on the Defendant’s assertion, the Defendant’s fleet and the title holder of the real estate of this case are identical in Chinese name. However, according to the Land Survey Bureau’s temporary land survey rules, etc., the address of the owner is omitted in the case where the address of the land owner and the location of the land are identical. In light of the fact that the land survey register of this case was omitted in the land survey register of this case, the address of the title holder of the real estate of this case is the “F of the available population of the present case” as the location of the present real estate. The Plaintiff’s permanent domicile of the title holder D is written as “G of the present population of the present case of the present.”

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